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Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 1 of 25 PageID 1

IN THE UNITED STATES DISTRICT COURT FOR THE


NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION

HANDSON EQUINE, LLC,

Plaintiff,
v. Civil Action No. _______________

AMAZON.COM, INC., AMAZON.COM


SERVICES, INC., AMAZON PAYMENTS,
INC., AMAZON SERVICES, LLC, and
AMAZON RETAIL, LLC,

Defendants.

COMPLAINT WITH JURY DEMAND

Plaintiff HandsOn Equine, LLC ("HandsOn Gloves"), for its Complaint against Defendants

Amazon.com, Inc., Amazon.com Services, Inc., Amazon Payments, Inc., Amazon Services LLC,

and Amazon Retail, LLC (hereinafter, collectively "Amazon"), alleges as follows:

I. PARTIES

1. HandsOn Gloves is a Texas limited liability company having its principal place of business

at 7576 Retta Mansfield Road, Mansfield, Texas 76063.

2. Amazon.com, Inc., which does business in Texas as, among others, Amazon.com Services,

Inc., Amazon Payments, Inc., Amazon Services LLC, and Amazon Retail LLC, is a Delaware

corporation with a principal place of business at 410 Terry Avenue North, Seattle, Washington

98109-5210.

3. Amazon.com Services, Inc. is a Delaware corporation with a principal place of business at

410 Terry Avenue North, Seattle, Washington 98109-5210.

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4. Amazon Payments, Inc. is a Delaware corporation with a principal place of business at 410

Terry Avenue North, Seattle, Washington 98109-5210.

5. Amazon Services LLC is a Nevada limited liability company with a principal place of

business at 8329 West Sunset Road, Suite 200, Las Vegas, Nevada 89113.

6. Amazon Retail LLC is a Delaware limited liability company with a principal place of

business at 410 Terry Avenue North, Seattle, Washington 98109-5210.

II. JURISDICTION AND VENUE

7. This is an action for design patent infringement under the patent laws of the United States

35 U.S.C. §1, et seq.; trademark infringement and unfair competition under the United States

Trademark Act, 15 U.S.C. § 1051, et seq.; unfair competition under the common law of the State

of Texas; violation of the Texas Deceptive Trade Practices Act; and fraud.

8. This Court has subject matter jurisdiction over HandsOn Gloves’ claims for design patent

infringement, trademark infringement, and unfair competition pursuant to 15 U.S.C. §1121(a) and

28 U.S.C. §§1331 and 1338. This Court also has supplemental jurisdiction over HandsOn Gloves’

claims for misappropriation of trade secrets under the common laws of the State of Texas, violation

of the Texas Deceptive Trade Practices Act, and fraud pursuant to 28 U.S.C. § 1367 because these

claims are substantially related to HandsOn Gloves’ other claims over which the Court has original

jurisdiction. This Court also has original subject matter jurisdiction over this action under 28

U.S.C. § 1332(a)(1) because the matter in controversy exceeds the sum or value of $75,000,

exclusive of the interest and costs, and is between citizens of different States.

9. The Court has personal jurisdiction over Amazon because HandsOn Gloves’ claims arise

from Amazon’s transaction of business in this judicial district, because HandsOn Gloves’ claims

arise from Amazon’s commission of tortious acts in this judicial district, including the offering for

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Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 3 of 25 PageID 3

sale and sale of infringing products in this judicial district, and because HandsOn Gloves is being

damaged in this judicial district by Amazon’s tortious conduct.

10. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c).

III. GENERAL ALLEGATIONS

A. HandsOn Gloves and Its Design Patent and Trademark

11. Jay Michaelson invented a lightweight but extremely durable glove designed for de-

shedding animals (including horses, dogs, cats, and other animals) through grooming or bathing.

The HandsOn gloves work when wet or dry and animal hair does not stick to them, allowing an

owner to massage muscles, promote circulation, and promote a healthy skin and coat for an animal

while removing loose animal hair. The HandsOn gloves have been a success, receiving high

rankings and awards in the industry. HandsOn Gloves was founded by Mr. Michaelson to

manufacture, market, and sell its gloves.

12. HandsOn Gloves has sold its gloves under and in connection with its HandsOn trademark

since the fall of 2015.

13. Since that time, HandsOn Gloves has continuously promoted and advertised its gloves in

connection with its HandsOn trademark in various local, regional, and national channels including

print, internet, television commercials, trade shows, QVC, and on social media.

14. HandsOn Gloves sells its HandsOn gloves primarily through QVC and on the internet,

including through chewy.com and its own website at www.handsongloves.com, and also sells its

gloves in national retailers such as ACE Hardware and Tractor Supply and through national

distributors such as RJ Matthews, Bradley Caldwell Incorporated, Animal Health International,

TabCom, and numerous Tack and Feed shops.

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15. HandsOn Gloves’ gloves are offered for sale and sold at Amazon’s www.amazon.com

website. A true and correct copy of a print out of HandsOn Gloves’ gloves at www.amazon.com

is attached hereto as Exhibit 1 and incorporated herein by this reference. HandsOn Gloves

initially sold on Amazon with Amazon buying its gloves directly from HandsOn Gloves and

reselling them under a purchase order/invoice system. HandsOn Gloves were the first pair of

grooming gloves sold on Amazon, and Amazon purchased the gloves directly from HandsOn

Gloves. In May of 2018, Amazon forced HandsOn Gloves over to Amazon’s Seller Central

system, which Amazon represented would provide HandsOn Gloves greater control, but has

resulted in the exact opposite.

16. HandsOn Gloves’ gloves have been recognized by numerous national, high-circulation

media, including being named the number one ranked “Best Pet Grooming Gloves” for 3 years in

a row by wiki.ezvid.com,1 receiving first place recognition for best pet grooming product at one

of the largest pet expos in the world, SuperZoo in Las Vegas,2 and receiving Best in Show for

natural pet grooming product at another of the largest pet expos in the world, Global Pet Expo in

Orlando.3

17. By virtue of its continuous, extensive use and promotion of the HandsOn trademark in

commerce, HandsOn Gloves has developed strong common law rights in and to its HandsOn

trademark.

1
https://wiki.ezvid.com/best-pet-grooming-
gloves?utm_expid=.IoYWonQXQlWTXqgqSPjZxg.0&utm_referrer=https%3A%2F%2Fwiki.ezvid.com%2F
2
http://www.petproductnews.com/News/SuperZoo-Reveals-New-Product-Showcase-Winners/
3
http://www.petbusiness.com/Global-Pet-Expo-New-Products-Showcase-Winners-
Announced/?utm_source=newsletter&utm_medium=email&utm_campaign=PB_Newsletter_20180327&eid=38097
0119&bid=2048925

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18. In addition to its common law rights, HandsOn Gloves sought protection for its intellectual

property rights associated with its gloves by seeking patent protection and registration of its

trademark.

19. On May 19, 2015, the United States Patent and Trademark office ("USPTO") issued

Trademark Registration No. 4,740,878 in International Class 21 for “gloves used for the grooming

and bathing of animals” (“the 878 Registration”). A true and correct copy of the 878 Registration

is attached hereto as Exhibit 2 and incorporated herein by reference. HandsOn Gloves is the owner

of all right, title, and interest in and to the 878 Registration, including the right to sue and collect

damages for past infringement thereof.

20. The 878 Registration constitutes prima facie evidence of HandsOn Gloves’ exclusive right

to use HandsOn in commerce and of the validity and ownership of the HandsOn trademark.

HandsOn Gloves is entitled to constructive use rights, including nationwide priority rights, as of

the July 14, 2014 filing date of the application that matured into the 878 Registration.

21. On May 8, 2018, the USPTO duly and legally issued United States Design Patent No.

D816,941 (“the 941 Patent”) to Mr. Michaelson. A true and correct copy of the 941 Patent is

attached hereto as Exhibit 3 and incorporated herein by this reference. HandsOn Gloves is the

owner of all right, title, and interest in and to the 941 Patent, including the right to sue and collect

damages for past infringement thereof. HandsOn Gloves has continuously and consistently marked

substantially all of its gloves with “Pat. No. USD816,941 & Patents Pending” or similar language

since issuance of the 941 Patent.4

4
HandsOn Gloves’ Utility Patent is still patent pending and its filing date for purposes of priority on its pending Utility
Patent is May 28, 2015.

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B. Amazon and Its E-Commerce Website

22. Amazon is the largest internet retailer in the United States. Amazon owns and operates an

e-commerce website at www.amazon.com where it offers for sale and sells, and/or enables and

controls the offer for sale and sale by third party sellers of a plethora of consumer goods including

various Pet Supply and Pet Grooming products that compete with HandsOn Gloves’ gloves.

23. Amazon’s www.amazon.com website is available throughout the United States, and is

accessible to and used by e-commerce shoppers in Texas.

24. Amazon’s www.amazon.com website includes a search engine function that is managed

and controlled by Amazon.

25. Amazon’s search engine is the leading search engine for internet-based product research

by consumers.

26. Amazon manages, controls, and monitors the products that are offered for sale and sold on

its website at www.amazon.com. For example, Amazon removed all confederate flag merchandise

from its www.amazon.com website. In another example, Amazon banned the sale of USB-C cables

or adapters that are not compliant with industry standards and specifications. Upon information

and belief, Amazon has also entered into settlement agreements with third parties concerning

Amazon’s infringement of those third parties’ intellectual property rights, and pursuant to those

agreements Amazon has agreed to prohibit the sale of certain products and prohibit the use of

certain trade dress and/or trademarks on www.amazon.com.

27. Amazon also controls, manages, and monitors which third party sellers may offer for sale

and sell products on its website at www.amazon.com. Indeed, one may not sell products on

Amazon’s www.amazon.com website without agreeing to and abiding by Amazon’s terms and

conditions, which contain numerous provisions governing third party seller behavior.

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28. Amazon has the technical capability to preclude the use of certain terms, such as

trademarks, in the product listings on www.amazon.com. Amazon also has the technical capability

to preclude the association of trademarks that are used as search terms in the search engine of its

www.amazon.com website with competing products that are offered for sale and sold on its

website. Upon information and belief, Amazon has also entered into settlement agreements with

third parties concerning Amazon’s infringement of those third parties’ intellectual property rights,

and Amazon has agreed in those agreements to preclude the association of the third party

trademarks with competing products in Amazon’s search engine on its www.amazon.com website.

29. Amazon has the capability to and does track the search terms entered in its search engine

at www.amazon.com and the products that have been viewed and purchased by users of the search

engine on its www.amazon.com website.

30. Amazon has the capability to and does perform targeted email marketing to visitors to its

www.amazon.com website. Amazon uses this information for, among other things, generating

targeted email advertising to the e-commerce consumer who has viewed a particular product on

Amazon’s www.amazon.com website. A true and correct copy of an example of Amazon’s

targeted email advertising for a grooming glove competing with HandsOn Gloves’ glove is

attached hereto as Exhibit 4 and incorporated herein by this reference.

31. Amazon profits from the sale of products by third party sellers enabled by its website at

www.amazon.com through, among other sources, commissions and fees paid to Amazon by those

third party sellers.

C. Amazon’s Infringement of HandsOn Gloves’ Trademark

32. The search engine at Amazon’s www.amazon.com website allows visitors to the website

to search for items to purchase by entering a search query and to receive a listing of products

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offered for sale as a result of that query. This search engine feature allows for the entry of any

individual words or string of words desired by the user.

33. On information and belief, the results generated by Amazon’s search engine depend, at

least in part, on the search query entered by the user. For example, visitors to the

www.amazon.com website may search for items to purchase by using generic search terms, such

as “pet grooming gloves,” and will receive results including all manner of pet grooming gloves.

34. Visitors to Amazon’s www.amazon.com website interested in purchasing a particular

brand of product may also use Amazon’s search engine to search for that brand. However, visitors

who utilize the search engine to search for the HandsOn gloves using HandsOn Gloves’ trademark

will receive results containing numerous competing, infringing, and counterfeit products. A true

and correct copy of print-out results for the search query HandsOn on April 1, 2019 is attached

hereto as Exhibit 5 and incorporated herein by this reference. At the top of the results page,

HandsOn Gloves’ trademark is prominently displayed in quotations as the search query. In

addition to pulling up HandsOn Gloves’ product, the search links to more than one hundred (100)

competing products. These results indicate that Amazon has intentionally configured its search

engine to link HandsOn Gloves’ trademark with competing, infringing, and counterfeit gloves.

However, HandsOn Gloves is not the source of these products and has never authorized Amazon

to use its trademark in this manner.

35. Amazon is also using HandsOn Gloves’ trademark in its advertising, offering for sale, and

selling and/or enabling the offer for sale and selling of competing, counterfeit, and infringing

gloves through its targeted email marketing as shown, for example, in Exhibit 4 hereto.

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36. These unauthorized uses of HandsOn Gloves’ trademark by Amazon constitute

infringement in that Amazon is substituting competing gloves when HandsOn Gloves’ product is

sought by visitors to Amazon’s www.amazon.com website.

37. In addition, Amazon has and is currently offering for sale and selling and/or enabling the

offer for sale and selling of infringing and counterfeit gloves in connection with trademarks that

are identical or confusingly similar to HandsOn Gloves’ trademark and allowing infringing and

counterfeit sellers to list their products under HandsOn Gloves’ ASINs, including at least the

following products:

a. Storefront Name: HandsOn Supply; Merchant ID: A2VHKTL5SSDZ07;

b. Storefront Name: HandsOn Gloves the Originals; Merchant ID: A4WR7UWJOX8ZR;

c. Storefront Name: HandsOn Horses; Merchant ID: A4WR7UWJOX8ZR (same as

HandsOn Gloves the Originals which just changed its store name when HandsOn Gloves

reported it for selling inauthentic gloves; Amazon allowed it to sell the same inauthentic gloves

under a new name);

d. Storefront Name: HandsOn gloves; Merchant ID: AU2YJB30WKL8Y

True and correct copies of print-outs of the foregoing product listings at www.amazon.com are

attached hereto as Exhibit 6 and incorporated herein by this reference. Some of these infringing

and counterfeit products use names such as “HandsOn Gloves the Originals,”5 “HandsOn Horses,”

and “HandsOn Gloves.”

38. HandsOn Gloves is not the source of the above-identified products and HandsOn Gloves

has not authorized Amazon or third party sellers to use or allow the use of HandsOn Gloves’

trademark in this manner.

5
HandsOn Gloves’ storefront name on Amazon is “HandsOn Gloves the Original,” without the “s” at the end.

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39. The above-identified use of similar or identical trademarks or terms for infringing and

counterfeit gloves has caused and is likely to cause consumer confusion as to the source and origin

of those gloves or cause consumers to falsely believe that those gloves are affiliated with HandsOn

Gloves.

40. The above-identified third party sellers list the foregoing infringing products on Amazon’s

www.amazon.com website with Amazon’s knowledge, consent, and encouragement.

41. Through its actions described above, Amazon has knowingly and intentionally misled

consumers to believe that these competing gloves were made by HandsOn Gloves or associated

with HandsOn Gloves, and/or contributed to such misleading activities by third party sellers on

www.amazon.com. As a result, consumers have mistakenly purchased products competitive with

HandsOn Gloves’ gloves, and/or have suffered at least initial interest confusion leading those

consumers to purchase competing gloves instead of HandsOn Gloves’ gloves.

42. HandsOn Gloves has recently learned that four of its top-selling ASINs were mistakenly

categorized by Amazon as “adult products.” This categorization prevents HandsOn Gloves from

running promotions on these four top-selling ASINs, and means that past advertising HandsOn

Gloves has paid for and run on sponsored products has failed to include its top-selling ASINs.

43. Amazon is also preventing HandsOn Gloves from using the capital “O” in its name based

on its interpretation of how HandsOn Gloves’ trademark is registered while simultaneously

preventing HandsOn Gloves from changing its mark on the ground that the term is too common.

Incredibly, upon information and belief, counterfeiters and infringers on Amazon Europe are using

the capital “O” and are using HandsOn Gloves’ images. So Amazon is preventing the

manufacturer and patent and trademark holder from using its own mark while allowing

counterfeiters and infringers to use its mark.

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44. Finally, Amazon has recently informed HandsOn Gloves that three of its ASINs are now

“controlled by our legal team” and that, therefore, HandsOn Gloves does not have the ability to

change the list price on those ASINs. Once again, Amazon is exerting control over HandsOn

Gloves’ proprietary, patented, and trademarked items without any regard for the rights of HandsOn

Gloves.

45. After all of the time that has passed, and the multitude of times HandsOn Gloves has

notified Amazon of its issues and concerns, Amazon continued to allow other sellers to list under

HandsOn Gloves’ ASINs. This despite the fact that HandsOn Gloves has specifically instructed

Amazon to not do so. This was still happening as recently as May of 2019. As a result of

Amazon’s failures in this regard, two of HandsOn Gloves’ ASINs were deactivated as a result of

complaints made about products other than HandsOn Gloves’ products sold under them.

D. Amazon’s Infringement of HandsOn Gloves’ 941 Patent

46. Amazon imports, uses, offers to sell, sells, and/or encourages and enables third party sellers

to import, use, offer for sale, or sell, at least the following gloves that infringe HandsOn Gloves’

941 Patent:

a. ASIN: B01N0NXG3W

b. ASIN: B07D4DJQ3B

c. ASIN: B07JJJ7VLB

d. ASIN: B07H42K2H3

e. ASIN: B07D2JVF58

f. ASIN: B072KMW28L

g. ASIN: B07D6713B2

h. ASIN: B07FLTSZF4

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True and correct copies of print-outs of the foregoing product listings at www.amazon.com are

attached hereto as Exhibit 7 and incorporated herein by this reference. The foregoing infringing

products are gloves that have no substantial non-infringing use with respect to the 941 Patent.

47. Amazon also encourages the sale and use of products infringing HandsOn Gloves’ 941

Patent by listing sponsored products and other products on the www.amazon.com listing page for

HandsOn Gloves’ gloves, and by targeted email marketing of infringing products as shown by

Exhibit 4 hereto. As shown in Exhibit 1 hereto, at the bottom of the listing are numerous products

that infringe the 941 Patent, including many of the products listed above in Paragraph 42. In

addition, even when a prospective purchaser directly searches for “handson gloves” on Amazon,

Amazon directs them to competing and infringing products and tells them that “customers

ultimately bought” such competing and infringing products even if “handson” is not in their

product title or product detail page.

48. The above-identified sellers list the foregoing infringing products on Amazon’s

www.amazon.com website with Amazon’s knowledge, consent, and encouragement.

49. HandsOn Gloves is not the source of these infringing products and HandsOn Gloves has

never licensed Amazon to use or allow the use of the 941 Patent in this manner.

50. To compound matters, purchasers who actually get to HandsOn Gloves’ seller page on

Amazon’s www.amazon.com website, despite the many infringing products that come up in such

a search, sometimes receive infringing or counterfeit products rather than authentic HandsOn

gloves. Those products are not properly packaged—some come in plain cardboard boxes without

polybags and required suffocation notices. It appears Amazon will allow anyone to send anything

on HandsOn Gloves’ account. Amazon itself has fulfilled most of these counterfeit and infringing

products sold under HandsOn Gloves’ listing. And many such orders fulfilled by Amazon with

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counterfeit and infringing products occurred after HandsOn Gloves alerted Amazon to the fact that

it was selling infringing and counterfeit products. Amazon has allowed infringing products to be

commingled with HandsOn Gloves’ product and has, in fulfilling those orders, delivered infringing

products to consumers who believed they were purchasing authentic HandsOn gloves.

51. Finally, Amazon has failed to protect HandsOn Gloves’ account and portal with Amazon,

causing further infringement to its protected rights. The pictures on HandsOn Gloves’ page on

Amazon’s www.amazon.com website have been changed or altered from time-to-time and

Amazon has received infringement claims against HandsOn Gloves (the patent and trademark

holder and manufacture of the product) which Amazon believed, incredibly, to originate from

HandsOn Gloves itself. Amazon has never conducted an inquiry into the origins of these situations

or taken any steps to adequately address them or to protect HandsOn Gloves’ protected rights.

E. HandsOn Gloves’ Demands to Amazon to Cease Its Infringement

52. On numerous occasions HandsOn Gloves has complained to Amazon concerning the

unauthorized use of HandsOn Gloves’ trademark and offers for sale and sale of products infringing

the 941 Patent at www.amazon.com.

53. Amazon has responded to some of HandsOn Gloves’ complaints, and has even claimed to

have removed certain infringing products from www.amazon.com. However, as of the filing of

this Complaint, those infringing products remain available at Amazon’s www.amazon.com

website.

54. In fact, on occasion the infringing product reappeared on Amazon’s www.amazon.com

website within hours of being removed. True and correct copies of exemplary communications

between HandsOn Gloves and Amazon are attached as Exhibit 8 and incorporated herein by this

reference.

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55. As shown by Exhibit 8, HandsOn Gloves has requested that Amazon remove the products

listed above in Paragraph 42 from www.amazon.com because those products infringe HandsOn

Gloves’ 941 Patent, has requested that infringing products not be commingled with HandsOn

Glove’s authentic products for purposes of order fulfillment, and has otherwise notified Amazon

of problems caused it by the infringing products. Despite HandsOn Gloves’ requests, infringing

and counterfeit products remain available for purchase on Amazon’s www.amazon.com website.

56. Further, Amazon has refused HandsOn Gloves’ requests to provide the true names and

contact information for third party sellers on its www.amazon.com website that are infringing

HandsOn Gloves’ intellectual property rights. Amazon has thus allowed these third party sellers

to infringe HandsOn Gloves’ intellectual property rights with anonymity and hampered HandsOn

Gloves’ ability to seek legal recourse directly against those third party sellers. Incredibly, it

appears that Amazon has provided HandsOn Gloves’ information to infringers, as HandsOn

Gloves has occasionally received communications from them after they were (temporarily)

delisted from Amazon’s www.amazon.com website.

57. Despite receiving numerous complaints from HandsOn Gloves, Amazon has continued to

infringe and/or has contributed to the infringement of HandsOn Gloves’ trademark by its use of

the trademark in its search engine, and by offering for sale and selling and/or allowing and

encouraging third party sellers to offer for sale and sell competing gloves using identical or

confusingly similar trademarks, and has continued to allow and encourage third party sellers to

infringe HandsOn Gloves’ trademark.

58. HandsOn Gloves sells through Amazon’s Seller Central as a result of Amazon’s forced

migration to that system, but has never had a Vendor Central account. Upon information and

belief, counterfeiters and infringers have opened up at least three (3) accounts on Amazon’s

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Vendor Central portal. Email addresses belonging to HandsOn Gloves were used as the login on

the accounts, but HandsOn Gloves did not open the accounts and cannot access the accounts.

Amazon is buying products from these counterfeiters and infringers. HandsOn Gloves reported

these fraudulent accounts to Amazon. The complaint is open but, upon information and belief, is

available only on Vendor Central, to which HandsOn Gloves does not have access, rather than on

Seller Central where HandsOn Gloves made the complaint specifically because of its lack of access

to Vendor Central. Despite actual knowledge of the fraudulent nature of these accounts, Amazon

continues to purchase and sell infringing and counterfeit products from them.

59. After receiving notice of HandsOn Gloves’ 941 Patent, Amazon has continued to offer for

sale and sell infringing products, enable and encourage third party sellers to offer for sale and sell

infringing products on its website at www.amazon.com, and has encouraged the use of infringing

products by the end user purchasers.

60. Amazon has ignored HandsOn Gloves’ patent and trademark rights and requests to remove

infringing products from www.amazon.com because of the financial incentives that Amazon

receives from selling those infringing products and/or from the sale of those infringing products

by third party sellers.

61. Amazon has known, since at least June of 2018, that Amazon’s use of HandsOn Gloves’

intellectual property was damaging HandsOn Gloves in Texas and its reputation and causing

confusion to consumers by the false impressions created thereby. HandsOn Gloves’ satisfaction

score has lowered significantly, further damaging HandsOn Gloves’ reputation, as a result of

complaints from customers who received counterfeit or infringing products while believing they

were receiving authentic HandsOn Gloves’ products. Amazon has thus knowingly persisted in

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conduct that is likely to cause confusion in the trade and thereby intentionally infringed HandsOn

Gloves’ trademark and 941 Patent, and injured HandsOn Gloves in Texas.

62. But for Amazon’s sale, offering for sale, and selling of infringing products, and/or enabling

such actions by third party sellers at www.amazon.com, HandsOn Gloves would not have been

damaged or its property rights infringed as a result of the sale thereof.

63. Amazon’s willful and deliberate actions have caused significant harm to HandsOn Gloves.

IV. FIRST CLAIM FOR RELIEF


(Infringement of U.S. Patent No. D816,941, 35 U.S.C §§ 271(a) and (b))

64. HandsOn Gloves realleges and incorporates herein each and every allegation contained in

paragraphs 1 through 58 above.

65. By importing, using, offering for sale, and selling gloves in the United States that infringe

the 941 Patent, without authorization or license from HandsOn Gloves, Amazon has been and is

currently in violation of 35 U.S.C. §271(a).

66. Amazon induces direct infringement of the 941 Patent by encouraging third party sellers

to offer for sale and sell infringing gloves on its www.amazon.com website, by encouraging the

use of those infringing products by the end user consumers, is aware of the fact that such acts

amount to infringement of the 941 Patent, and has specific intent to induce that infringement, all

in violation of 35 U.S.C. § 271(b).

67. HandsOn Gloves has been damaged and is currently being damaged by Amazon’s

infringement of the 941 Patent in an amount to be proven at trial.

68. Amazon’s infringement of the 941 Patent has been and continues to be willful and

intentional and with full knowledge of the existence and validity thereof.

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69. The willful and intentional nature of Amazon’s infringement entitles HandsOn Gloves to

an award of treble damages pursuant to 35 U.S.C. § 284, and to an award of its attorney’s fees

pursuant to 35 U.S.C. § 285.

70. HandsOn Gloves will continue to suffer damages and irreparable harm unless Amazon is

restrained and enjoined by this Court, pursuant to 35 U.S.C. § 283, from further infringement of

the 941 Patent.

V. SECOND CLAIM FOR RELIEF


(Trademark Infringement, 15 U.S.C. § 1114(1)(a)

71. HandsOn Gloves realleges and incorporates herein each and every allegation contained in

paragraphs 1 through 65 above.

72. HandsOn Gloves owns valid and enforceable trademark rights in its trademark as indicated

by its 878 Registration.

73. Amazon’s acts as described herein are likely to cause, and/or have contributed to,

confusion, deception, and/or mistake. Amazon’s conduct also constitutes an attempt to trade on

the goodwill that HandsOn Gloves has developed in its trademark, all to the damage of HandsOn

Gloves.

74. Amazon’s acts as described herein constitute, and/or have contributed to, the use in

commerce of a reproduction, counterfeit, copy of colorable imitation of registered trademarks, in

connection with the sale, offering for sale, distribution, or advertising of products, on or in

connection with such use is likely to cause confusion or to cause a mistake or to deceive, in

violation of 15 U.S.C. § 1114(1).

75. Amazon’s acts have been without consent from HandsOn Gloves.

COMPLAINT WITH JURY DEMAND – Page 17


Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 18 of 25 PageID 18

76. Amazon’s acts have been committed willfully and with intent, making this an exceptional

case and entitling HandsOn Gloves to recover its costs of this action and reasonable attorney’s fees

pursuant to 17 U.S.C. § 1117(a).

77. As a direct and proximate result of Amazon’s acts, Amazon has been unjustly enriched,

entitling HandsOn Gloves to an accounting and disgorgement of Amazon’s profits.

78. By its conduct, Amazon has caused HandsOn Gloves irreparable harm and injury and will

continue to do so unless Amazon is restrained and enjoined by this Court from further violation of

HandsOn Gloves’ rights.

VI. THIRD CLAIM FOR RELIEF


(Trademark Infringement, Unfair Competition, and
False Designation of Designation of Origin, 15 U.S.C. § 1125(a)(1))

79. HandsOn Gloves realleges and incorporates herein each and every allegation contained in

paragraph 1 through 73 above.

80. Amazon’s acts as alleged herein constitute and/or have contributed to false designations of

origin or false or misleading description of facts which are likely to cause confusion or mistake or

to deceive the public as to the origin, sponsorship, or approval of Amazon’s goods, and otherwise

constitute infringement and unfair competition in violation of 15 U.S.C. § 1125(a)(1).

81. Amazon’s acts have been committed willfully and with intent, making this an exceptional

case and entitling HandsOn Gloves to recover its costs of this action and reasonable attorney’s fees

pursuant to 15 U.S.C. § 1117(a).

82. As a direct and proximate result of Amazon’s acts, Amazon has been unjustly enriched,

entitling HandsOn Gloves to an accounting and disgorgement of Amazon’s profits.

COMPLAINT WITH JURY DEMAND – Page 18


Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 19 of 25 PageID 19

83. By its conduct, Amazon has caused HandsOn Gloves irreparable harm and injury and will

continue to do so unless Amazon is restrained and enjoined by this Court from further violation of

HandsOn Gloves’ rights.

VII. FOURTH CLAIM FOR RELIEF


(Common Law Unfair Competition)

84. HandsOn Gloves realleges and incorporates herein each and every allegation contained in

paragraphs 1 through 78 above.

85. Amazon’s acts and omissions as described herein constitute, and/or contributed to, unfair

competition against HandsOn Gloves at common law.

86. HandsOn Gloves has adopted and used its mark on its goods or in connection with its

services and plaintiff has used this mark continuously since its inception.

87. HandsOn Gloves’ mark is or has become distinctive of its goods and services.

88. Amazon actions constitute and/or have contributed to use of HandsOn Gloves’ mark

intended to mislead the public and lead to confusion and mistake by passing off infringing products

as those of HandsOn Gloves.

89. Amazon’s unfair competition has been willful and with intent to deceive the consuming

public and the marketplace.

90. Amazon’s unfair competition has harmed HandsOn Gloves in its business and goodwill.

91. Amazon’s unfair competition has damaged HandsOn Gloves in an amount to be

determined at trial.

92. HandsOn Gloves has suffered and is continuing to suffer irreparable harm as a result of

Amazon’s unfair competition, and HandsOn Gloves has no adequate remedy at law for such injury.

COMPLAINT WITH JURY DEMAND – Page 19


Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 20 of 25 PageID 20

VIII. FIFTH CLAIM FOR RELIEF


(Deceptive Trade Practices, Tex. Bus. & Com. Code §§ 17.41, et seq.)

93. HandsOn Gloves realleges and incorporates herein each and every allegation contained in

paragraphs 1 through 87 above.

94. By the actions described above, Amazon has engaged in deceptive trade practices, as

defined by Texas Business and Commerce Code §§ 17.41, et seq.

95. Amazon’s deceptive trade practices included representing that its services had

characteristics, uses, or benefits that they did not have, representing that an agreement conferred

rights, remedies, or obligations which it did not have or involve, and failing to disclose information

concerning its services, known at the time by Amazon, and such failure to disclose was intended

to induce HandsOn Gloves to enter into a transaction..

96. Amazon’s deceptive practices were relied upon by HandsOn Gloves, and were committed

knowingly and intentionally.

97. As a result of Amazon’s unlawful actions, HandsOn Gloves has suffered harm.

98. HandsOn Gloves is, in addition to recovery of its actual damages, entitled to an award of

treble damages and its reasonable attorney’s fees and costs pursuant to the Texas Deceptive Trade

Practices Act.

IX. SIXTH CLAIM FOR RELIEF


(Fraud and Fraudulent Inducement)

99. HandsOn Gloves realleges and incorporates herein each and every allegation contained in

paragraphs 1 through 93 above.

100. Amazon made material representations of fact to HandsOn Gloves regarding its services

that were false and were either known to be false when made or were asserted without knowledge

of the truth. Amazon intended HandsOn Gloves to act upon those misrepresentations and

COMPLAINT WITH JURY DEMAND – Page 20


Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 21 of 25 PageID 21

HandsOn Gloves did, in fact rely upon and act upon those misrepresentation. HandsOn Gloves

relied upon those representations as it took actions, made decisions, and altered its position.

HandsOn Gloves’ reliance was justifiable.

101. Among other things, Amazon represented to HandsOn Gloves that it would take

appropriate actions to protect and enforce HandsOn Gloves’ protected rights in its patent and

trademark. Despite many notices over an extended period of time of the scope and volume of

infringing and inauthentic products being sold on Amazon, Amazon has not taken action to remedy

the problem or to protect HandsOn Gloves.

102. In addition, Amazon represented to HandsOn Gloves that the forced migration to Seller

Central would provide HandsOn Gloves with greater control over its product and sales, but it has

had the opposite effect with infringing products and counterfeits proliferating across Amazon with

no assistance or enforcement by Amazon.

103. HandsOn Gloves has suffered harm as a result of Amazon’s fraudulent inducement.

X. EXEMPLARY DAMAGES

104. HandsOn Gloves realleges and incorporates herein each and every allegation contained in

paragraphs 1 through 97 above.

105. Amazon’s acts and omissions as set forth above constitute fraud, entitling HandsOn Gloves

to an award of exemplary damages to punish Amazon and to discourage it from engaging in such

conduct in the future.

106. In addition, Amazon’s acts and omissions, when viewed objectively from the standpoint of

Amazon at the time, involved an extreme degree of risk, considering the probability and magnitude

of the potential harm to HandsOn Gloves and Amazon had actual, subjective awareness of the risk

involved, but nevertheless proceeded with conscious indifference to the rights and welfare of

COMPLAINT WITH JURY DEMAND – Page 21


Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 22 of 25 PageID 22

HandsOn Gloves, entitling HandsOn Gloves to an award of exemplary damages to punish Amazon

and to discourage it from engaging in such conduct in the future.

XI. DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, HandsOn Gloves demands a

trial by jury on all issues so triable.

X. PRAYER FOR RELIEF

WHEREFORE, HandsOn Gloves prays for the following relief:

A. Judgment that:

1. HandsOn Gloves’ 941 Patent and HandsOn trademark are valid and enforceable

and are the exclusive property of HandsOn Gloves;

2. Amazon has infringed HandsOn Gloves’ trademark and competed unfairly with

HandsOn Gloves and that such infringement and unfair competition has been

willful, deliberate, intentional, and malicious;

3. Amazon has infringed the 941 Patent in violation of 35 U.S.C. §271;

4. Amazon has engaged in deceptive trade practices in violation of the Texas

Deceptive Trade Practice Act; and

5. Amazon defrauded HandsOn Gloves and fraudulently induced it to enter into

agreements.

B. That Amazon, and its agents, servants, employees, attorneys, successors, and assigns, and

all person in active concert or participation with Amazon, be enjoined and restrained,

preliminarily, perpetually, and permanently from:

1. Using in any manner HandsOn Gloves’ trademark, or any other mark which so

resembles HandsOn Gloves’ trademark, as to be likely to cause confusion,

COMPLAINT WITH JURY DEMAND – Page 22


Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 23 of 25 PageID 23

deception or mistake, on or in connection with the advertising, offering for sale,

or sale of any product or service which is not authorized by HandsOn Gloves,

including in Amazon’s search engine at www.amazon.com;

2. Using, or assisting or encouraging any third party in using, any false or misleading

designation of origin which tends to pass off Amazon’s goods, services, or

commercial activities, or those of third party sellers, as those of HandsOn Gloves,

including at www.amazon.com;

3. Using, or assisting or encouraging any third party in using, any false or misleading

designation or representation of fact which misrepresents the nature,

characteristics, qualities, or geographic origin of HandsOn Gloves’ goods, services,

or commercial activities, including at www.amazon.com;

4. Unfair and illegal business practices or any conduct that otherwise infringes

HandsOn Gloves’ trademark or competes unfairly with HandsOn Gloves, including

at www.amazon.com; and

5. Making, using, offering for sale, selling, or importing any item that infringes the

941 Patent, or assisting on encouraging any third parties from offering for sale,

selling, or using any item that infringes the 941 Patent, including at

www.amazon.com.

C. That Amazon, within thirty (30) days after service of judgment with notice of entry thereof

upon Amazon, be required to file with the Court and serve upon HandsOn Gloves’ attorneys a

written report under oath setting forth in detail the manner in which Amazon has complied with

the paragraph above.

COMPLAINT WITH JURY DEMAND – Page 23


Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 24 of 25 PageID 24

D. An accounting of all profits received by Amazon from the sale of products in connection

with Amazon’s unlawful acts.

E. An award to HandsOn Gloves and against Amazon of the actual damages sustained by

HandsOn Gloves on account of Amazon’s unlawful acts.

F. An award to HandsOn Gloves and against Amazon of treble damages and/or enhanced

profits pursuant to the Texas Deceptive Trade Practices Act, 35 U.S.C. § 284, and/or 15 U.S.C. §

1117.

G. An award to HandsOn Gloves and against Amazon of punitive and/or exemplary damages.

H. An award to HandsOn Gloves and against Amazon of all costs, disbursements, and

reasonable attorneys’ fees pursuant to the Texas Deceptive Trade Practices Act, 35 U.S.C. § 285,

15 U.S.C. § 1117, and/or other authority.

I. An award to HandsOn Gloves and against Amazon of prejudgment and postjudgment

interest on any monetary award to HandsOn Gloves.

J. An award to HandsOn Gloves and against Amazon of such other and further relief, general

or special, at law or in equity, as this Court deems just and proper.

COMPLAINT WITH JURY DEMAND – Page 24


Case 3:19-cv-01427-L Document 1 Filed 06/14/19 Page 25 of 25 PageID 25

Respectfully submitted,

THE PERRIN LAW FIRM


1910 Pacific Avenue, Suite 6050
Dallas, Texas 75201
Telephone: (214) 646-2004
Facsimile: (214) 646-6117
Email: dougperrin@perrinlaw.org
markperrin@perrinlaw.org

/s/J. Mark Perrin


Doug Perrin
State Bar No. 15796520
J. Mark Perrin
State Bar No. 24013313

ATTORNEYS FOR PLAINTIFF

COMPLAINT WITH JURY DEMAND – Page 25


Case 3:19-cv-01427-L Document 1-1 Filed 06/14/19 Page 1 of 1 PageID 26
JS 44 (Rev. 06/17)-TXND (Rev. 06117)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as reguired by law, exce p t as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE JNS11W( "'l10NS ON NHXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS


HandsOn Equine, LLC Amazon.com, Inc., Amazon.com Services, Inc., Amazon Payments, Inc.,
Amazon Services LLC, and Amazon Retail, LLC
(b) County of Residence ofFirst Listed Plaintiff Tarrant County, Texas County of Residence of First Listed De fendant King County, Washington
(l,XCEPTIN U S. PLAIN TIFF CASES) (IN U.S. n AIN1Jf,1," CASES ONLY)
NOTE: IN LAN D CONDEMNATION CASES, USE THE LOC ATIOK OF
THE TRACT OF LAND INVOLVED.

(C) Attorneys (Firm Name, Addre.,.,, and Telephone Number) Attorneys (If Known)
The Perrin Law Firrn, 1910 Pacific Ave., Suite 6050, Dallas, Texas 75201,
(214) 646-2004

JI. BASIS OF JURISDICTION (/'lace an "X"tnOneBoxOnly) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Huxfi,r Plaintiff
(Fur Diversity Cases Only) and One Box for Defendant)
!'.J I U.S. Govemment il't 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. (;m.·ernmenr Not a Parry) Citizen ofTI1is State !'.J I !'.J I Incorporated or Principal Place 0 4 04
of Business In 111.Is State

□ 2 U.S. Government !'.J 4 Diversity Citizen of Another State □ 2 !'.J 2 lnco'l)Orated aFd Principal Place !'.J 5 0 5
Defendant (l11dica/e ( 'itize11shtp of Parties irt llem Ill) of Business !n Another State

!'.J 3 !'.J 3 Foreign Nation !'.J 6 06

IV. NATURE OF SUIT (Place an "X" in One Box Only} Click here for: Nature of Suit Code Descriotions.
I. ·· ,,. , . (X)N'l'llJH. , : :." . .' ·.· ·.■ :■■ N 1, •' ,,. .,. .· \ ., °R"' A••1'""'. ·t
0 110 Insurance PERSONAL INJt;RY PERSONAL INJURY !'.J 625 Drug Related Seizure !'.J 422 Appeal 28 USC I 58 !'.J 375 False Claims Act
0 120 Marine 0 310 Airplane !'.J 365 Perso:ial Injury - of Property 2 l USC 88 I !'.J 423 Withdrawal !'.J 376 Qui Tam (3 1 USC
□ 130 Miller Act □ 315 Airplane Product Product Li,bility !'.J 690 Other 28 USC 157 3729(a))
!'.J 140 Negotiable Instrument Liability O 367 Health Carel !'.J 4DO State Reapportionment
!'.J 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical !'.J 410 Ar.titrust
& Enforcement of Judgment Slander Persona: lnjwy !'.J 820 Copyrights □ 430 Banks and Banking
0 151 MedicareAct !'.J 330 Federal Employers' Product Liability ~ 830 Patent !'.J 450 Ccrnmen:e
0 152 Recovery of Defaulted Liability □ 36 8 Asbestos Pe:-sonal !'.J 835 Patent - Abbreviated
0 460 Deportation
Student Loans 0 340 Mari~e Injury Product □ 470 Racketeer Influenced and
New Drug Applicatior.
(Excludes Veterans) 0 345 Marine Product Liability !'.J 840 Trademaric Corrupt Organizations
!'.J 153 Recovery of Overpayment Liability PERSONAL PROPERTY , 1 &:1-qJH -. ,........ ·Jf..1.T" · ' 0 480 Consumer Credit
of Veteran' s Benefits !'.J 350 Motor Vehicle O 370 Otl1or Frauci !'.J 710 Fair Labor Standards □ 861 HIA (1395ft) □ 490 Cable/Sat T Y
!'.J 160 Stockholders' Suits !'.J 355 Motor Vehicl e O 37 1 T::uth in Lendi~g Act 0 862 Black Lung (923) □ 850 Securities/Commodities/
!'.J 190 Other Contract Product Liability O 380 Othcr Personal O 720 Labor/Management □ 863 DIWCIDI\VW (405(g)} Exchange
□ 19 5 Contract Product Liability !'.J 360 Othec Personal Prope,ty Damage Relations □ 864 SSID Title XVI □ 890 Ori1cr Statutory Actions
!'.J 196 F,anchise Injury O 385 Property Damage !'.J 740 Railway Labor Act 0 865 RSI ( 405(g )) !'.J 891 Agricultural Acts
0 362 Penonal lnjury - Product Liability O 75 1 Family and Medical □ 893 Environmental Matters
Medical :'vfaloractice Leave Act □ 895 Freedom oflnfonnation
[1~===l;llE;;i~AJL;:]P~R~O;gP;:jE~~,R[Tr;V~.::::t::Jt.:~'l~V:ilL~1R~t~G~H~T]SE.:::~:rP1§Rijlg..2JN:i]E~R[£PE:; IT£IT~lif0?1Ngs[~ 0 79-0 Other Labor Litigation · =T""AX=s"'·t"'11==T""s=--""'
t--_=FE"'n=i;;RAL=· A··
!'.J 210 Land Condemnation !'.J
440 Other Ch·il Rigr.ts Ht:beas Corpus: !'.J 79 1 Employee Retirement !'.J 870 Taxes (U.S. Plaintiff □ 896 Arbitrat'on
!'.J 220 Foreclosure !'.J
44 1 Voting !'.J 463 Alien Detainee Income Security Act or Defendant) □ 899 Administrative Procedure
!'.J 230 Rent Lease & Ej ectment O 442 Employment O 510 :,fotions to V acate 0 87 1 IRS- Third Party Act1Review or Appeal of
!'.J 240 Torts to Land O 443 Housing/ Sentence 26 USC 7609 Agency Decision
0 245 Tort Product Liability Accommodations !'.J 530 General □ 950 Constitutionality of
0 29-0 All Other Real Property O 445 Amer. w/Disab ilities - !'.J 535 Death Penalty IMMIGRATION St ate Statutes
Employ:r.ent Other: 0 462 Naturalization Application
0 446 Amer. w/Disabilities - !'.J 54G \fandamus & Other I'.] 465 Other Immigration
Other !'.J 550 Civil Rights Actions
0 448 Education O 555 Piiscn Condition
0 560 Civil Detainee -
Conditions of
Confinement
V, ORIGIN (/'lace an "X" in One Bax Oni>1
!,( I Original □ 2 Removed from □ 3 Remanded from □ 4 Reinstated or □ 5 Transferred from □ 6 Multidistrict □ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another D istrict Lit igation - Lit igation -
(.1pecify) Transfer Direc t File
C ite the U .S . Civil Statute under which you are filing (J>o n<1t citejurisdictional statutes unless diversity):
VI. CAUSE OF ACTION 35 u.s.c_' 271· 15 u.s.c. '1 IJ4· 15 U.S.C. · 1125
Bnefdescnpllon of cause:
Defendants have infrin ed on Plaintiff's atent and trademark throu h sales of infrin in roducts on their website.
VIL REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND S CHECK YES only if demanded in comp laint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 2,000,000.00 JURY DEMA:-1D: JI: Y es □ No
VIII. RELATED CASE(S)
(..\'ee i11struc1ions):
IFANY DOC KET N U MBER
DATE
06/14/2019
FOR OFFICE USE ONLY

RECEIPT# AMOUNT JUDGE MAG. JUD GE